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DECISION No. 436/QD-TTg OF MAY 12, 2000 RATIFYING THE PROJECT FOR THE IMPROVEMENT, UPGRADING AND COMMERCIAL OPERATION OF TECHNICAL INFRASTRUCTURE IN BIEN HOA INDUSTRIAL PARK I, DONG NAI PROVINCE

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Regulation on Industrial Parks, Export Processing Zones and Hi-Tech Parks, issued together with the Government�s Decree No. 36/CP of April 24, 1997;

Pursuant to the Regulation on Investment and Construction Management, issued together with the Government�s Decree No. 52/1999/ND-CP of July 8, 1999;

At the proposals of the president of the People�s Committee of Dong Nai province (Reports No. 2964/UBT of August 11, 1998; No. 393/UBT of January 27, 1999 and No. 723/UBT of March 3, 2000) and the appraisal opinions of the Minister of Planning and Investment (Reports No. 7307/BKH-VPTD of October 23, 1998 and No. 1638 BKH-VPTD of march 27, 2000) and of the Minister of Finance (Report No. 5718/TC-DTPT of December 26, 1998),

DECIDES:

Article 1.- Bien Hoa Industrial Park I shall be organized and operate according to the Regulation on Industrial Parks, Export Processing Zones and Hi-Tech Parks, issued together with the Government�s Decree No. 36/CP of April 24, 1997 and subject to the direct management by the Dong Nai Industrial Park Management Board.

Article 2.- To ratify the Project for the improvement, upgrading and commercial operation of technical infrastructure in Bien Hoa Industrial Park I, Dong Nai province with the following contents:

1. Project�s name: Project for the improvement, upgrading and commercial operation of technical infrastructure in Bien Hoa Industrial Park I, Dong Nai province.

2. Investor: Bien Hoa Industrial Park Development Company, headquartered at No. 1, Road 1, Bien Hoa Industrial Park I, Bien Hoa City, Dong Nai province.

3. Project�s objectives: To improve, upgrade and build traffic, electricity supply, water supply and drainage, communication, waste treatment systems; relocate population; provide utility services for the development of the industrial park� with a view to doing business with the infrastructure created in the industrial park.

4. Construction location: Bien Hoa city, Dong Nai province.

5. Industrial park�s area: 335 ha, which shall be accurately re-determined when the land lease procedures are carried out according to the land legislation.

6. Total estimated investment capital: 160,338 million VND (excluding the expenditure for compensation and ground clearance).

7. Capital sources: Own capital, investor�s advance capital, borrowed capital.

8. Financial mechanisms: Enterprises with 100% of domestic capital shall re-rent land and pay infrastructure use charge and environment protection charge (and are entitled to account such expenses into their products� cost prices) at the levels stipulated by the investor, with the agreement of the Industrial Park Management Board of Dong Nai province.

9. Operation duration: 50 years as from the date the investment decision is issued.

10. Construction duration: 5 years as from the date the land rent decision is issued. In the course of investment and construction, the investor shall have to fill in all necessary procedures as prescribed by the Regulation on Investment and Construction Management.

Article 3.- Bien Hoa Industrial Park Development Company shall be entitled to enjoy the investment preferences provided for by the Law on Domestic Investment Promotion.

Article 4.- To separate the land compensation and ground clearance activities as a separate project. To assign the president of the People�s Committee of Dong Nai province to ratify and implement such project under the current regulations. The fund for the land compensation and ground clearance shall be supplied by the State budget (estimated at 120 billion VND).

Article 5.- The president of the People�s Committee of Dong Nai province shall have to direct the investor to implement the project in strict accordance with current regulations; work out the overall planning on outside-fence infrastructure development in harmony with inside-fence infrastructure, in order to ensure the efficient operations of the industrial park.

Article 6.- This Decision takes effect 15 days after its signing.

Article 7.- The president of the People�s Committee of Dong Nai province, the Ministers of Planning and Investment; Finance; Construction; Defense; Industry; as well as Science, Technology and Environment, the General Director of the General Land Administration, the Vietnam State Bank Governor, the head of Vietnam Industrial Park Management Board, the head of the Industrial Park Management Board of Dong Nai province, the director of Bien Hoa Industrial Park Development Company and the heads of the concerned agencies shall, within the abmit of their functions and powers, have to implement this Decision.

For the Prime Minister

Deputy Prime Minister
NGUYEN TAN DUNG